HomeMy WebLinkAboutCC Resolution 9868 (MSS Rate Review)RESOLUTION NO. 9868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE
TO SET MAXIMUM RATES AND FEES FOR REFUSE AND
RECYCLABLE MATERIAL COLLECTION AND DISPOSAL
SERVICES AND TO PROVIDE FOR INDEMNIFICATION
(30`h AMENDEMENT TO AGREEMENT)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City
of San Rafael, an amendment to the agreement between the City of San Rafael and Marin Sanitary
Service ( the 300' Amendment) , a copy of which is attached hereto and incorporated herein, which
sets revised maximum rates and fees for refuse and recyclable material collection and disposal
services and which provides for indemnification.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a special meeting of the
City Council of the City of San Rafael, held on Monday, the 30' day of June, 1997, by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JEgNl�E M. LEONtINI, City Clerk
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THIRTIETH (3QT') AMENDMENT TO AGREEMENT OF
THE CITY OF SAN RAFAEL WITH MARIN SANITARY
SERVICE
The parties hereto are the CITY OF SAN RAFAEL, a municipal corporation organized and
existing under and by virtue of the laws of the State of California, hereinafter referred to as
"CITY", and MARIN SANITARY SERVICE, a California corporation, hereinafter referred to as
"COMPANY".
Recitals
WHEREAS, the parties have previously entered into a written agreement dated June 20,
1966 relating to the collection of all refuse from within the City of San Rafael, and have previously
amended the same agreement pursuant to written amendments dated October 6, 1969; June 24,
1971; May 15, 1972; June 17, 1974; January 17, 1977; January 2, 1979; January 21, 1980; October
6, 1980; July 6, 1981; August 19, 1982; January 17, 1983; September 6, 1983; January 3, 1984;
October 15, 1984; February 18, 1986; September 21, 1987; February 1, 1988; April 17, 1989; May
15, 1989; February 5, 1990; March 5, 1990; January 22, 1991; January 21, 1992; December 19,
1994, and June 15, 1995; and
WHEREAS, the parties now desire to further amend and modify the agreement, as
amended, to provide for a new schedule of maximum rates and fees for collection, disposal and
other services under the agreement and to provide for COMPANY's defense and indemnification of
CITY for any legal challenges (Proposition 218) to the increased rates adopted herein; and
WHEREAS, CITY has determined that such further amendment and modification of the
agreement is proper, is in the best interest of all its citizens, and will promote the public health,
safety and welfare.
NOW, THEREFORE, the parties mutually agree that the written agreement between the
parties dated June 20, 1966 and the amendments to the agreement dated October 6, 1969; June 24,
1971; May 15, 1972; June 17, 1974; January 17, 1977; January 2, 1979; January 21, 1980; October
6, 1980; July 6, 1981; August 19, 1982; January 17, 1983; September 6, 1983; January 3, 1984;
October 15, 1984; February 18, 1986; September 21, 1987; February 1, 1988; April 17, 1989; May
15, 1989; February 5, 1990; March 5, 1990; January 22, 1991; January 21, 1992; December 19,
1994, and June 15, 1995; shall be and the same are hereby amended and modified in the following
manner:
1. Section 3, page 3 of the original Agreement dated June 20, 1996, as amended, which
section details rates and charges for services under the Agreement, is hereby amended to
read as is fully set forth in Exhibit "A", which is incorporated herein by reference.
2. Section 12 is hereby added to the original Agreement dated June 20, 1996, as amended, to
read as follows:
1
"12. COMPANY hereby releases and forever discharges and
agrees to hold harmless, defend and indemnify CITY, its officers,
agents, employees and volunteers from any and all claims, demands,
liabilities, costs and refunds, repayments, costs and expenses,
attorneys fees, damages, causes of action, and judgments, in any
manner arising out of CITY's approval of revised rates and fees for
services performed under this Agreement, in connection with the
application of Article XIII C and Article XIII D of the California
Constitution to the imposition, payment or collection of said revised
rates and fees.
Additionally, COMPANY, with respect to any legal challenge
resulting from the imposition, payment or collection of said revised
rates and fees, agrees as follows:
a) to defend CITY, its officers, agents, employees and
volunteers and/or bear the costs of defending any
legal action as may arise; and
b) to cancel as a lien against property, the imposition,
payment or collection of revised rates and fees if such
rates and fees cannot be legally enforced."
The parties agree that COMPANY shall have the right, at its sole
discretion, to stipulate to a judgment or dismissal in any legal action
relating to such a claim or, alternatively, if the CITY desires, shall
allow the CITY to defend the action at the sole expense of the
CITY."
3. Section 4 of the 28' Amendment to the Agreement is hereby deleted and a new sentence is
added to Section 4 of the original Agreement to read as follows:
"COMPANY shall allow the CITY to dump material at its resource
and recovery center, for which the CITY will be billed."
4. Other than as specifically amended and modified herein, the original agreement between the
parties (June 20, 1966) and the amendments thereto are hereby ratified and confirmed to be
and continue in full force and effect.
2
IN WITNESS, THEREFORE, the parties have hereby executed this amendment to the
agreement, as amended, on the 300' day of June, 1997.
CITY OF SAN RAFAEL
ATTEST:
JEA =. LEON , �CiClerk
Attorney
3
MARIN SANITARY SERVICE
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